HomeMy WebLinkAboutResolution 2006-030CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO, 2006-030
WHEREAS, the City of Lake Elmo and Chris Riley Utilities, Inc. (the
"Contractor"), entered into an agreement on or about W Rol 2005, regarding the
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construction of certain items related to the City's Water System Interconnect Project,
Phase 1; and
WHERE-AS, the City and Chris Riley Utilities, Inc., entered into an agreement on
or about 1W. 20 7 2005, regarding the construction of certain items related to
the'{ City's W ter System Interconnect Project, Phase 111; both agreements being referred
to erein as the "Contracts", and
WHEREAS, in November 2005, the City agreed to extend the completion date for
Phase 111; and
WHEREAS, the City Staff sent the Contractor a Notice of Termination of the
Contracts on March 15, 2006, a copy of which was also sent to Travelers Casualty and
Surety Company (the "Surety"), which was listed as the surety under the performance
bond given with respect to both Phase I and Phase 111; and
KC had some contact wit the Surety which has
WHEREEAS the City Staff ha I W
acknowledged the receipt of the claim on the performance bonds; and
)WHEREAS, the City Council has received a report from the City Staff
concerning the matters stated above.
NOW, THEREFORE, BE IT RESOLVED,
I The City Council hereby confirms and ratifies the action taken by the City Staff as
set forth in the City Engineer's letters dated March 15, 2006, which letters
initiated the termination of the Contracts as referred to above.
2. The City Council hereby authorizes and directs the City Staff to initiate or
continue action with respect to the City's claim on the performance bonds.
3. If the Surety determines that it mill not complete the performance on the
Contracts, the City Council hereby authorizes and directs the City Staff, if
necessary, to take whatever steps are required to advertise for bids pursuant to
Minn. Stat. §429, or otherwise, to undertake and finish the work necessary to
complete Phase I and Phase III of the City's Water System Interconnect Project.
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ADOPTED by the Lake Elmo City Council this 21" day of March,
Johnson, Mayor